**Exhibit 10.5**

**LABORAGREEMENT**

By and between

**UNITEDSTATES ALUMINUM CORPORATION**

and

**INTERNATIONALBROTHERHOOD OF TEAMSTERSLOCAL UNION  #986**

Effective:December 5, 2004 through December 8, 2007

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# **TABLE OF CONTENTS**

|            | ** ** | ** **                             | ** ** | **Page** |
|------------|------------|----------------------------------------|------------|----------|
| ARTICLE 1  |       | UNION SECURITY                         |       | 1        |
|       |       |                                   |       |     |
| ARTICLE 2  |       | MANAGEMENT RIGHTS                      |       | 1        |
|       |       |                                   |       |     |
| ARTICLE 3  |       | PROBATIONARY PERIOD                    |       | 1        |
|       |       |                                   |       |     |
| ARTICLE 4  |       | REGULAR WORK TIME                      |       | 2        |
|       |       |                                   |       |     |
| ARTICLE 5  |       | SHIFT PREMIUM & ADDITIONAL SHIIFTS |       | 2        |
|       |       |                                   |       |     |
| ARTICLE 6  |       | OVERTIME                               |       | 3        |
|       |       |                                   |       |     |
| ARTICLE 7  |       | RIGHTS OF UNION REPRESENTATIVES        |       | 4        |
|       |       |                                   |       |     |
| ARTICLE 8  |       | PAY PERIODS                            |       | 4        |
|       |       |                                   |       |     |
| ARTICLE 9  |       | SHOW-UP TIME                           |       | 5        |
|       |       |                                   |       |     |
| ARTICLE 10 |       | SHOP STEWARDS                          |       | 5        |
|       |       |                                   |       |     |
| ARTICLE 11 |       | CHECKOFF                               |       | 6        |
|       |       |                                   |       |     |
| ARTICLE 12 |       | WAGES                                  |       | 6        |
|       |       |                                   |       |     |
| ARTICLE 13 |       | UNION LABEL                            |       | 8        |
|       |       |                                   |       |     |
| ARTICLE 14 |       | WORK CLASSIFICATIONS                   |       | 8        |
|       |       |                                   |       |     |
| ARTICLE 15 |       | GRIEVANCE AND ARBITRATION PROCEDURE    |       | 8        |
|       |       |                                   |       |     |
| ARTICLE 16 |       | NO STRIKE - NO LOCKOUT                 |       | 10       |
|       |       |                                   |       |     |
| ARTICLE 17 |       | SENIORITY                              |       | 11       |
|       |       |                                   |       |     |
| ARTICLE 18 |       | TERMINATION OF SENIORITY               |       | 12       |
|       |       |                                   |       |     |
| ARTICLE 19 |       | JOB BIDDING                            |       | 12       |
|       |       |                                   |       |     |
| ARTICLE 20 |       | TEMPORARY TRANSFER                     |       | 14       |
|       |       |                                   |       |     |
| ARTICLE 21 |       | GENERAL PROVISIONS                     |       | 15       |
|       |       |                                   |       |     |
| ARITCLE 22 |       | WORK BY FOREMEN & SUPERVISORS      |       | 16       |
|       |       |                                   |       |     |
| ARTICLE 23 |       | NON-DISCRIMINATION                     |       | 16       |
|       |       |                                   |       |     |
| ARTICLE 24 |       | HEALTH & SAFETY                    |       | 16       |

 

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| ARTICLE 25                                          |   | LEAVE OF ABSENCE                        |   | 17     |
|-----------------------------------------------------|--------|-----------------------------------------|--------|--------|
|                                                |   |                                    |   |   |
| ARTICLE 26                                          |   | SUB-CONTRACTING                         |   | 18     |
|                                                |   |                                    |   |   |
| ARTICLE 27                                          |   | VERBAL CONTRACTS                        |   | 18     |
|                                                |   |                                    |   |   |
| ARTICLE 28                                          |   | HEALTH AND WELFARE PLAN                 |   | 18     |
|                                                |   |                                    |   |   |
| ARTICLE 29                                          |   | PRESCRIPTION AND DENTAL PLAN            |   | 19     |
|                                                |   |                                    |   |   |
| ARTICLE 30                                          |   | DEATH BENEFIT PLAN                      |   | 19     |
|                                                |   |                                    |   |   |
| ARTICLE 31                                          |   | PAID VACATION                           |   | 19     |
|                                                |   |                                    |   |   |
| ARTICLE 32                                          |   | SICK PAY                                |   | 21     |
|                                                |   |                                    |   |   |
| ARTICLE 33                                          |   | HOLIDAY PAY                             |   | 22     |
|                                                |   |                                    |   |   |
| ARTICLE 34                                          |   | FUNERAL LEAVE                           |   | 23     |
|                                                |   |                                    |   |   |
| ARTICLE 35                                          |   | HOURLY EMPLOYEE RETIREMENT SAVINGS PLAN |   | 24     |
|                                                |   |                                    |   |   |
| ARTICLE 36                                          |   | RESPONSIBILITY FOR EMPLOYEE ADDRESS     |   | 24     |
|                                                |   |                                    |   |   |
| ARTICLE 37                                          |   | INVENTORY                               |   | 25     |
|                                                |   |                                    |   |   |
| ARTICLE 38                                          |   | LABOR MANAGEMENT COMMITTEE              |   | 25     |
|                                                |   |                                    |   |   |
| ARTICLE 39                                          |   | WAIVER                                  |   | 25     |
|                                                |   |                                    |   |   |
| ARTICLE 40                                          |   | SOLE AND ENTIRE AGREEMENT               |   | 25     |
|                                                |   |                                    |   |   |
| ARTICLE 41                                          |   | DURATION OF AGREEMENT                   |   | 25     |
|                                                |   |                                    |   |   |
| APPENDIX “A” JOB CLASSIFICATIONS          |   | 27                                      |
|                                                |   |                                    |
| APPENDIX “B” HEALTH AND WELFARE           |   | 30                                      |
|                                                |   |                                    |
| APPENDIX “C” PRESCRIPTION AND DENTAL PLAN |   | 31                                      |
|                                                |   |                                    |
| APPENDIX “D” DEATH BENEFIT PLAN           |   | 32                                      |
|                                                |   |                                    |
| APPENDIX “E” JOB DESCRIPTIONS             |   | 33                                      |

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THIS AGREEMENT is madeand entered into this 9th day of December, 2004, between UNITED STATESALUMINUM CORPORATION, hereinafter referred to as the Company and MISCELLANEOUSWAREHOUSEMEN, DRIVERS AND HELPERS UNION, LOCAL #986, an affiliate of theInternational Brotherhood of Teamsters, hereinafter referred to as the Union.

It is agreed between the parties signatoryhereto, that the above mentioned Union is, and shall remain, as long as thisAgreement is in force, the sole and exclusive bargaining representative of allpersons working for the Company. Employees working as guards, office workers, salesmen and supervisorypersonnel are accepted, as defined by the Labor-Management Relations Act of1947, as amended.

**ARTICLE 1UNION SECURITY**

Section 1

The Company agreesthat all production and maintenance employees including working foremen andleadperson, shall be, or thirty-one (31) days after their employment, as acondition of employment, become and remain members in good standing ofTeamsters Local 986.

Section 2

Any presentemployee covered by this Agreement is required to remain a member in goodstanding of this Union as a condition of continued employment.

**ARTICLE 2MANAGEMENT RIGHTS**

Except as otherwise provided by thisAgreement, the Company reserves and retains all of its rights to manage thebusiness, as such rights existed prior to the execution of this or any otherprevious agreement with the Union.  Suchrights shall include but not be limited to its rights to determine prices ofproducts; volume of production and methods of financing; to drop a productline, to establish or continue policies, practices and procedures for theconduct of the business and to change or abolish such policies, practices andprocedures; the right to determine the number and types of its operations, andthe methods, process and materials to be employed; to discontinue processes oroperations; to select and determine the number and types of employees required;to transfer, promote or demote employees, or to lay off, terminate for justcause, or otherwise relieve employees from duty for lack of work or otherlegitimate reasons; and to make and enforce reasonable rules for themaintenance of discipline; provided, however, before the Company changes plantrules, the Company and the Union will meet and discuss such changes.

**ARTICLE 3PROBATIONARY PERIOD**

All new employeesshall be on probation for the first sixty (60) calendar days of employment orreemployment.  During this probationaryperiod an employee shall have no seniority rights. The Company shall have theabsolute right, in its sole discretion, to discharge any probationary employeefor any reason.  By mutual agreementbetween the Company and the Union, the probationary period may be extended fora period of up to an additional thirty (30) days.  Upon satisfactory completion of theprobationary period, seniority will be computed from the employee’s originaldate of hire or most recent rehire date.

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**ARTICLE 4REGULAR WORK TIME**

Section 1

Eight (8) hoursshall constitute a regular workday, except for the lunch and rest periods asprovided for herein.  Five (5) regularworkdays shall constitute a regular workweek from Monday to Fridayinclusive.  The regular workday willstart at 7:00 a.m.  The start time forthe Paint Line and Shipping may begin from 5:00 a.m. to 7:00 a.m.  The regular workday shall continueuninterruptedly for eight (8) hours except for a meal period of at leastone-half hour.  Also, a ten (10) minuterest period is to be provided midway in the morning and ten (10) minutes midwayin the afternoon.  This shall beapplicable to all shifts.

Section 2

This Article isintended to provide the definition of regular hours of work and shall not beconstrued as a guarantee of hours of work per day or per week, or days of workper week.

**ARTICLE 5SHIFT PREMIUM & ADDITONAL SHIFTS**

Section 1

A modified workdayshall continue in its practice, and shall consist of eight (8) hours per day,starting at any time between 8:00 a.m. and 10:00 a.m. for shipping and relatedactivities.  All employees working thismodified work schedule shall be compensated at ten (10) cents above theirregular straight time hourly rate of pay, for all hours worked during theregular workday.

Section 2

For Grade 4employees only who work other than the regular day shift may request assignmentto the regular day shift and the Company will try and move such employees, inaccordance with seniority, when in their opinion, appropriate openings and workcircumstance allow for such movement.

Section 3

The Company shallnotify the Union in writing of the elected starting time for the modifiedschedule employees.

Section 4

It shall be the practiceof the Company to limit the number of employees assigned to the modifiedworkday to a maximum of 25% of the total work force.

Section 5

Additional work shiftsmay start at the conclusion of the regular workday.  Employees working such shifts will becompensated at twenty-two cents ($.22) above their regular straight time hourlyrate of pay.

Section 6

Shift premium willbe paid for only hours worked on the modified shift or other work shift whichstarts after the conclusion of the regular work day.

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**ARTICLE 6OVERTIME**

The rate of wagesfor the overtime work shall be as follows:

a)                                Allwork done in excess of forty (40) hours in the regular work week or eight (8)hours in the workday shall be paid for at the regular rate of one and one-half(11¤2 )times such employees’ current regular straight time hourly rate.

b)                               Allhours paid for Vacation and Holiday shall be counted as hours worked toward theaccumulation of forty (40) hours to determine overtime.

c)                                Workperformed on Sundays, shall be paid for at the rate of double time.

d)                               Hereinlisted holidays when worked, shall be paid for at the rate of double time plusholiday pay.

e)                                Anyshift started on the day before a holiday or on Saturday shall be permitted tocomplete the shift without overtime penalty.

f)                                  Anyemployee working more than eight (8) hours in any one shift shall be entitledto a ten (10) minute rest period at the end of his regular eight (8) hourshift, providing he is scheduled to work at least one and one-half (11¤2 )hours overtime.

g)                               Anyemployee, except the Shipping department and Maintenance department, whenrequired to work beyond the normal quitting time, must be notified by noon ofthat day.  The G.E. Rule shall apply tothe Shipping and Maintenance departments. The G.E. Rule means that the employees with the most seniority candecline the extended day’s work, provided that employees with less senioritycannot refuse the work if they are qualified to perform the work.  If the employee with the most seniority isthe only one qualified, he or she cannot refuse the work.  When an employee is required to work onSaturday, he must be notified no later than the end of his regular shift onThursday.  The Company may, at any time,request that an employee work beyond the normal quitting time during theregular week or on Saturday, Sunday, or on a holiday.  When so  requestedthe employee, at his option, may accept or decline the offered work. TheCompany shall not require any employee to work more than two (2) Saturday’s inany calendar month.

NOTE:  Employees will be excused from overtime workon a regular workday if they have a pre-scheduled doctor’s appointment verifiedin writing.  No points will be assessedper the attendance policy.

h)                         If thereis a need for additional work within a classification and department, the  Company may ask for volunteers fromqualified employees outside of the department. In most cases it will be assigned in accordance with plant-wideseniority and qualifications and the Company will try and rotate the opportunityfor extra work to a variety of eligible employees desiring the work.

i)                             Tothe extent practicable, the Company will make every effort to achieve  equalization of overtime within aclassification and department in accordance with seniority on a rotating basis.

j)                             If atany time a federal or state law, applicable to the Company is passed and  implemented prohibiting mandatoryovertime, the Company will request only voluntary overtime.

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k)                          Anon-deliberate incorrect assignment of overtime will be resolved by theaggrieved party being afforded the next opportunity to work available overtimerather than direct payment of any type

**ARTICLE 7RIGHTS OF UNION REPRESENTATIVES**

Section 1

An accreditedrepresentative of the Union, upon presentation of these credentials to theplant manager, showing that he is such accredited representative, shall havereasonable access to the Company’s place of business on official businessduring working hours.

Section 2

The Company willprovide space on bulletin boards for posting notices of Union business.  Such notices must be submitted to the plantmanager before posting.

**ARTICLE 8PAY PERIODS**

Employees shall bepaid at least four (4) times per month. Employees shall be paid the full amount of wages due on each payday,except that in order to facilitate the handling of the payroll, the Companyshall be permitted to hold back not more than five (5) days pay between suchpaydays.

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**ARTICLE 9SHOW-UP TIME**

Section 1

Providing they areavailable at the regular starting time, employees ordered to work for which nowork is provided, shall receive a minimum of four (4) hours pay, and if workedfive (5) hours or more, shall receive eight (8) hours pay.  If an employee elects to leave his employmentbefore the end of the shift, he shall be paid only the actual time worked.  Employees shall be considered as having beenordered to work if the foremen or person in charge of operations, or hisrepresentative fails to notify him not to report at the end of his perviousworkday or shift.

Section 2

There will be noobligation for the Company to pay the minimums referred to in this Article inthe event the flood, fire, power failure or other occurrences beyond theCompany’s control.

**ARTICLE 10SHOP STEWARDS**

Section 1

The Companyrecognizes the right of the Union to designate shop stewards and alternates.Shop stewards shall have the right to investigate and present grievances inaccordance with the provisions of this collective bargaining agreement.  Stewards shall be permitted reasonable timeto investigate, present and process grievances on the Company property withoutloss of time or pay during their regular working hours.  Such time spent in handling grievances duringa steward’s regular working hours shall be considered working hours incomputing daily and/or weekly overtime if within the regular schedule of thesteward.

Section 2

The Union shallnotify the Company of the designation of the shop stewards and shall keep theCompany notified as to any changes in writing.

Section 3

In the event thatit becomes necessary for a shop steward to leave his place of work for thepurpose of investigating or handling a grievance, or to attend to Unionbusiness, he shall notify his supervisor. He shall advise his supervisor or leadperson immediately upon his return.

Section 4

The Company isunder no obligation to pay shop stewards or employees for time spent ingrievance meetings or Company/Union meetings when such shop stewards oremployees are not scheduled to work.

Section 5

The Company agreesto notify the shop stewards before any general layoff.

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Section 6

The presence of ashop steward may be requested by an employee who is called into the supervisor’soffice to be reprimanded or disciplined.

Section 7

A steward shall bepresent when an employee is called into the supervisor’s office to receive adisciplinary layoff or be discharged.

Section 8

For the purpose oflayoff only, the shop steward shall have super-seniority provided such stewardhas more than one (1) year of continuous service with the Company.

**ARTICLE 11CHECKOFF**

The Company andthe Union agree to voluntary check-off for monthly Union dues and initiationfees, with the following stipulations:

a)                                      TheUnion agrees to furnish the Company with signed voluntary authorizationcards.  The Union agrees to furnish theCompany monthly, with a duplicate list of all employees who have signed saidauthorization cards.  The Company agreesto furnish the Union with a list of all new hires and re-hires once a month.

b)                                     Duringthe term of this Agreement and during any extension thereof, as provided inthis Agreement, the Company deduct on the second pay period of each month, theUnion dues and initiation fees as designated on the voluntary authorizationcards signed by the individual employee. The Company shall remit such deductions together with a duplicate copyof the check-off list to the Union no later than one week after such deductionsare made.

**ARTICLE 12WAGES**

Section 1

All employeesworking in classifications covered by this Agreement shall be paid no less thanthe classification wages set forth in Appendix “A”, attached hereto and made apart hereof except as stipulated below.

## Section 2

It is understoodthat the classification rates listed in Appendix “A” are hourly rates forexperienced employees (after normal progression) for each classification.  Any employee receiving more than these rates,while being classified as such, are not to be reduced during the life of thisAgreement, unless specified elsewhere.

Section 3

Employees who arere-classified into a lower rated classification as a result of Article 17,Section 3 shall retain their current wage rate for a period of ten (10) workingdays.  After ten (10) days, the employeeshall receive the rate for the classification to which they are reassigned, butin no event shall the reduction in pay rate be more than one grade.  An employee shall receive his prior rate,including red circle rate, if applicable, upon return to his priorclassification/grade.

Section 4

Any employee whois at rate or above and bids to a higher classification will, at the end ofprogression, receive a rate at least twenty-five cents ($0.25) per hour overtheir then current rate of pay or the new classification rate, whichever isgreater.

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Section 5

Any employee inprogression at the time of the annual general wage increase will be given anadditional progressionary increase.  Thisincrease will not take them over the rate of the job and will be in lieu of thegeneral wage increase.

Section 6

Any employee whois laid off and whose current hourly rate was above the rate for theclassification in Appendix “A” will be recalled at the classification rate andcontinue to have applicable thereafter the rates of pay specified in Appendix “A”.

Section 7

It is mutuallyunderstood that the rate specified in Appendix “A” for the lower classificationlevel will be considered the minimum for the next higher classification level.

Section 8

By mutualagreement between the Company, the Union and the employee’s doctor, anyemployee who is unable to perform the duties of this job because of injury orphysical handicap, may be placed in a different job classification at a reducedrate of pay if such position is available and the employee is physically ableto perform the job.

Section 9

The Company may,in addition to the minimum wage rates set forth in this Agreement, award meritincreases.  The granting or withdrawal ofsuch increases shall not be subject to review under Article 15 of thisAgreement.  The Company will take intoconsideration such areas as the employee’s work attitude and habits, abilities,potential, punctuality, attendance, workmanship and overall employment record.

Section 10

The Company may atits sole discretion establish a performance bonus pay program at any timeduring the term of this Agreement.  Suchprogram payoffs would be I addition to the wages paid in accordance with theterms of this Agreement.  Theestablishment of the standards, amount of payoff, criteria and the totalimplementation, administration or discontinuance of such a pay program testsexclusively with the Company and would not be subject to the grievance andarbitration procedure.

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**ARTICLE 13UNION LABEL**

It is understoodand agreed that in granting the use of the Label of the InternationalBrotherhood of Teamsters under this Agreement, that the Label shall at alltimes remain the property of the International Brotherhood of Teamsters and maybe recalled at any time it is being used to the disadvantage of the members ofthis organization.

**ARTICLE 14WORK CLASSIFICATIONS**

Section 1

If the Companyestablishes a new job classification within the bargaining unit during the termof this Agreement, the Company will notify the Union of any new classification.And the Company and the Union will attempt to agree on the proper rate ofpay.  If they cannot agree, the Companyshall set the rate of pay for such new job classification.  If the Union is not satisfied with the rateof pay established by the Company, it shall have the right within ten (10) daysto file a grievance pursuant to Article 15 of this Agreement.  If the grievance proceeds to arbitration, thearbitrator shall have jurisdiction to determine only whether or not the rate ofpay established for such new job classification bears a fair relationship tothe other rates of pay set forth in this Contract, and if not, what rate of paywould bear such relationship.

Section 2

The jobdescriptions in Appendix E are to be considered as general guidelines.  Both parties recognize that certain duties,tools or products as outlined within a particular Fabricator Grade may changeor vary during the term of the contract. It is the responsibility of the Company, after consultation with theUnion for significant revisions, to determine and outline the level ofexperience and type of the work being performed while maintaining a degree ofcomparability within each grade.

**ARTICLE 15GRIEVANCE AND ARBITRATION PROCEDURE**

Section 1

A grievance ishereby defined as a claim against or a dispute with, the Company by anemployee, employees or between the Company and the Union involving an allegedviolation by the Company of the terms of the Agreement.

Section 2

It is understoodand agreed that the employee may take up his complaint first with his immediatesupervisor or he may at his discretion bring in the appropriate shop steward,in which case the grievance will automatically be considered as being in theFirst Step.

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STEP 1                   Betweenthe employee, his shop steward and his supervisor.

A Step 1 grievance shallbe reported to the employee’s supervisor within three (3) working days from thedate of occurrence.  It shall be answeredwithin twenty-four (24) hours (one (1) working day).  The grievance, if carried forward, must bepresented in Step 2 within forty-eight (48) hours (two (2) working days) fromthe time the answer was given in Step 1.

STEP 2                   Betweenthe employee, steward, supervisor and the plant manager’s designatedrepresentatives.

A Step 2 grievance shallbe answered within seventy-two (72) hours (three (3) working days) and, ifcarried forward, must move to Step 3 within forty-eight (48) hours (two (2)working days) after the answer is given in Step 2.

STEP 3                   Betweena business representative of the Union, a representative of the . . . . . .Company,the aggrieved employee and the appropriate departmental/Chief Union Steward.

A Step 3 grievance shallbe answered within one hundred twenty (120) hours [five (5) working days] and,if carried forward, must be moved to Step 4 (arbitration) withintwo-hundred-forty (240) hours [ten (10) working days] after the answer is givenin Step 3.

Section 3

In reducing agrievance to writing as herein before provided, the grievance should state thefollowing information: The nature of the grievance, the act or acts complainedof and when they occurred, the identity of the grievant, the Article or Sectionthe grievant or grievants claim the Company has violated, and the remedy sought.  The grievance must be signed by the grievantand the shop steward.

Section 4

With respect toSection 2 of this Article, the following time limits are established: Anygrievance not presented to the Company in writing as provided in Step Two ofSection 2 above within three (3) work days after the occurrence, discovery orknowledge of the facts on which the grievance is based, shall be waived for allpurposes.  In addition, if any othersteps or actions provided for in Sections 2 and 5 of this Article are not takenor appeals therein specified, then the grievance shall be deemed finally closedand settled on the basis of the Company’s last decision.

Section 5

If no settlementis reached at Step 3, then the Union may, within ten (10) days after the dateof the written answer in Step 3, request by written notice to the Company thatthe grievance be arbitrated as provided herein, provided that the grievancepresents an arbitral matter as herein defined in the Agreement.

Section 6

If the parties areunable to agree upon the selection of an arbitrator within ten (10) days aftersuch written notice requesting arbitration of grievance, the Company and theUnion shall jointly in writing request the American Arbitration Association tosubmit a list containing the names of five (5) arbitrators from which anarbitrator shall be chosen as follows: If the parties are unable to agree uponone of the five (5) arbitrators, each party shall then alternately strike namesfrom the list until there is one (1) name remaining and such remaining personshall be the arbitrator.

Section 7

Jurisdiction ofthe arbitrator is limited to:

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a)               Adjudicationof the issues which under the express terms of this Agreement, and theSubmission Agreement which shall be entered into between the parties hereto,are subject to submission to arbitration, and

b)              Therendition of a decision or award which in no way modifies, adds to,  subtracts from, changes or amends any term orcondition of this Agreement or which is in conflict with the provisions of thisAgreement.

Section 8

The fees andexpenses of the arbitrator shall be borne equally by the parties.

Section 9

The decision ofthe arbitrator within the limits herein prescribed shall be final and bindingupon the Company, the Union and the employees affected subject to judicialreview.

Section 10

It is agreed andunderstood that only one issue shall be submitted to one arbitrator unless theUnion and the Company shall mutually agree to submit more than one grievance tothe same arbitrator.

Section 11

All time limitsspecified above exclude Saturdays, Sundays and holidays.

Section 12

All of the timelimits provided herein may be extended by mutual agreement.

Section 13

Any grievanceresulting from the discharge of an employee shall be presented within three (3)working days, and will be presented in writing in the Step 3 level.

**ARTICLE16**

**NO STRIKE - NO LOCKOUT**

During the term ofthis Agreement, all disputes, grievances, complaints and adjustments pursuantto this Agreement shall be settled in accordance with the Grievance andArbitration Procedure outlined in Article 15, and the Union agrees foritself and its members that there shall be no strike of any kind, walkout,slowdown, picketing, stay-in, or work stoppage of any type, or interferencewith production, coercive or otherwise, or violation of this Agreement.  The Company agrees that there shall be nolockout or violation of this Agreement on its part.

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**ARTICLE 17**

**SENIORITY**

Section 1

The purpose ofthis Article is to provide a declared policy of work security for qualifiedemployees, measured by length of service with the Company.

Section 2

Seniority as usedherein means length of service with the Company since the date of hire orrehire.

Seniority shall beconsidered to encompass the following:

1)             Lengthof continuous service;

2)             Qualificationsand ability;

3)             Physicalfitness for the job in question.

When (2) and (3)are relatively equal, length of service shall govern.

Section 3

If a layoff of theworking force is necessary, employees shall be laid off in accordance withtheir seniority and the employee with the least amount of seniority being laidoff first, provided that the employee with the greatest amount of seniority iscapable and able to perform the work.  Notemporary employment agency employee shall be retained if there are qualifiedregular employees on lay off status and are willing to work.

Section 4

In increasing theworking force after a layoff, the reverse of the above mentioned procedureshall be followed.

Section 5

In order tomaintain maximum efficiency, if a reduction in the number of employees in aclassification or department is necessary, employees may be moved from onedepartment or classification to another department or classification withoutregard to seniority.  Any employee who isbeing moved to a new classification or department under this provision willretain their same rate of pay.  Astandard of good business reasons will be used to make such moves and it can besubject to the review of the Labor Management Committee and/or a Federal orState Mediator.  If the matter remainsunsettled, the case would be subject to the grievance and arbitrationprocedure.  No new positions may be bidby the Company before all employees within that classification have been giventhe option of returning to the job they previously held.  An employee who declines recall to his priorposition will then be paid his current rate or a rate no more than the maximumrate for his current position, whichever is less.

Section 6

The Company willmaintain an up-to-date seniority list and a copy furnished to the shop stewardsupon request.

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Section 7

Any employee laidoff and re-employed within one (1) year shall not forfeit any seniority rights.

Section 8

When the Companyreduces the work week for more than one (1) week’s duration, the Company shallbe compelled to layoff those employees with the least seniority in order toinsure a five day work week for the remaining employees.

Section 9

Any employee whohas been or may be transferred to a position outside of the bargaining unitshall retain his seniority for the period of one (1) year as long as he took anhonorable withdrawal card from the Union and remains in the employ of UnitedStates Aluminum Corporation.  In theevent that he returns to the bargaining unit, he shall be placed in his formerclassification and shall receive the current rate of pay for thatclassification.

**ARTICLE18**

**TERMINATION OF SENIORITY**

Included among thereasons that employee’s seniority shall be lost and employees terminated:

1)             Upondischarged for just cause;

2)             Uponvoluntary termination of employment (quit):

3)             Uponfailure to return to work following layoff within five (5) working days afterwritten notice of recall is sent via certified mail:

4)             Upon anunreported absence from work for three (3) consecutive days (voluntary quit):

5)             Uponfailure to return to work after expiration of any leave of absence:

6)             Uponlayoff or any leave of absence in excess of one (1) year or a period, which . ... . . exceeds the employee’s seniority, whichever is less:

7)             Acceptingother employment (performing services for which someone would normally be paid)while on any type of a leave of absence without prior written approval of thePlant Manager.

**ARTICLE19**

**JOB BIDDING**

Section1

Vacancies in all job classifications, except asprovided below, shall be posted at least seventy- two (72) hours by theCompany, on a bulletin board in the plant, prior to the filling of these jobspermanently.

Such posting shall include the classification ofthe job, the rate of pay, and the department (where applicable) level ofexperience and shift.  Employees who havecompleted their probationary period and who feel they possess the necessaryqualification may make application for the job openings by signing the postedbid during the seventy-two (72) hours.

Section2

Award of a job bid will be based onqualifications, ability and physical fitness. If applicants are relatively equal in qualifications, ability andphysical fitness, length of service shall be the determining factor.

Section3

For the purposes of job bidding in jobclassifications #1 and #2, department seniority will be considered

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prior to general plantseniority in awarding of the posted job.

Section4

Employees promoted to fill a vacancy may begiven a trial period of forty-five (45) days work or longer if an extension ismutually agreed to by the Company and the Union.  During the trial period, the Company shallassist and train the employee if production schedules allow and if no priorexperience for the position is required. If an employee proves incapable of satisfactorily performing the job, heshall be removed from such job and returned to his former classification andrate, but shall be prohibited from bidding for a three (3) month period on thesame classification.

Section5

The Company may select the next employee fromthe original bid list or they may re-post the opening if the first selectedemployee cannot qualify or elects to return to their old job.  If the Company elects to select the next qualifiedbidder, they shall follow this procedure until the list of bidders for suchvacancy has been exhausted.  The Companymay then select an employee to fill the position or hire a new employee forsuch vacancy.

Section6

The successful bidder shall be allowed tovoluntarily return to his old job if he so desires, within two (2) weeks ofpromotion.

Section7

Employees who have so qualified after thetraining period specified above may not bid to any other job opening for aperiod of three (3) months from the date of qualification, except for a newlycreated job or a job at a higher rate of pay.

Section8

Posting shall remain valid for thirty (30) daysafter such posting in case additional openings become necessary within aparticular classification, department and shift and the Company elects to usethe prior posting from which to select a qualified candidate.

Section9

Any employee who is at rate and is awarded a newjob, in any higher classifications covered by this Agreement, shall receiveprogressionary increases every thirty (30) days until he reaches the rate ofthe classification to which the employee bid starting from the date theemployee is moved to the new classification.

Section10

An employee who elects to bid down shall receivethe rate for that classification as listed in Appendix A or a rate agreed to bythe Company and the Union.

Section11

Any employee whose rate is still in progressionat the time of the bid shall be moved to the maximum of the classification rateimmediately below the position bid when the employee moves to the newclassification and will then continue with such regular progression increasesuntil he reaches the top rate of the classification to which he bid.

Section12

The promotion and demotion of the Leadperson,Maintenance Mechanic A and B and Quality Control Inspector positions shall beat the sole discretion of the Company, and not subject to the provisions of

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Article 15 providinghowever, in the event of any demotion the Company will discuss the basis for its decision with the Union before doing so. The Company will post notice asking for names of employees who wouldwant to be considered for QCI.

Section13

The Company will post the name of the successfulbidder on a job or a job bid cancellation notice, if the Company elected not tofill the opening and the bid was canceled.

**ARTICLE 20**

**TEMPORARY TRANSFERS**

Section1

For a continuous period of up to thirty (30)days, the Company shall have the right to temporarily transfer employeeswithout regard to seniority or classification. After that period the Company shall post a bid notice as stated inArticle 19, Section 1.  Those senioremployees who wish to be temporarily transferred will make their interestsknown to their supervisor and such requests will try to be honored.  Those senior employees who wish not to betemporarily transferred will make their interests known to their supervisor andsuch requests will try to be honored.

Section2

Employees temporarily transferred to a lowerclassification shall not have their wages reduces.  After attaining the classification rate, anyemployee, who is temporarily transferred to a classification, which requires ahigher rate of pay, shall receive the higher rate of pay for the actual hoursworked in that classification.

Section3

It is understood that there will be times whenthe most senior person with department seniority will perform work of a higherclassification for training purposes not to exceed thirty (30) days.

In such instances, the time spent getting thistraining and exposure will not qualify as a temporary transfer and therefore,the employee will be paid his current rate. The Union agrees to this exception with the understanding that theCompany will not abuse such privilege.

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**ARTICLE 21**

**GENERAL PROVISIONS**

Section1

If any provision of this Agreement is or shallbe held invalid by reason of any federal, state, county, municipal or militarylaw or regulation, it shall be superseded by such law or regulation only whilesuch law or regulation is in force, and the remaining provisions of thisAgreement shall not be affected thereby during the life of this Agreement.

Section2

If any provision of this Agreement shall be heldinvalid as outlined in Section 1 above, the parties shall enter intonegotiations to resolve that particular provision so that it conforms to theapplicable law or regulation.

Section3

No employee shall be discharged or otherwisedisciplined without just cause.

Section4

Headings to Articles, Sections or Subsections ofthe Agreement have been supplied for convenience only and are not to be takenas limiting or extending the meanings of any of the provisions of theAgreement.

Section5

Words used in the singular form shall be deemedto include the plural, and vice versa, in all situations where they wouldapply.

Section6

The Company may use temporary service bureauemployees when there are no regular full time employees on layoff status whowould elect to return to active status. Additionally, under normal circumstances, no temporary service bureauemployee shall remain a non-Company employee after a maximum of ninety (90)working days of employment nor be assigned to jobs other than Grade #4 withouta joint agreement between the Company and the Union.  The temporary service bureau employee’s senioritydate shall begin with the first day he is placed upon the Company’s records asa full time regular employee.  Once atemporary service bureau employee has worked 90 days at the Company, thattemporary employee will be hired full time or released.  The Union and the Company agree that atemporary service bureau employee will not work again for the Company as atemporary service bureau employee.

The Chief Shop Steward will be provided amonthly report of the names and number of days worked by each temporary servicebureau employee at the Company.

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**ARTICLE 22**

**WORK BY FOREMAN AND SUPERVISORS**

Foremen and supervisors shall not perform workon a job customarily performed by an employee in the bargaining unit exceptthat there shall be no restrictions upon the work performed by foremen or othermanagerial personnel in the instruction and/or training of employees;trouble-shooting; experimental work in connection with the development of newproducts: new or changed equipment or procedures; or on work performed inemergencies affecting or threatening to affect production, or affecting orthreatening to affect the safety of persons, building or equipment; or on workwhich is negligible in amount and which also, under the circumstances thenexisting, it would be unreasonable to assign to a bargaining unit employee.

**ARTICLE 23**

**NON-DISCRIMINATION**

Section1

Neither the Company nor the Union shalldiscriminate against any employee because of such employee’s race, color,religion, sex, national origin or age (to the extent prohibited by the agediscrimination act only) or physical handicap (to the extent they are able toperform the duties assigned) or protected Union activity.

Section2

All grievances alleging a violation of thissection shall be furnished to the other party in writing.

Section3

If no satisfactory settlement is reached by Step3 of the grievance procedure, such grievance shall not be subject to Step 4(arbitration) of the grievance procedure, but may be the basis of a complaintbefore the federal or state agency, which has jurisdiction over the matter.

Section4

All reference to employees in this Agreementdesignates both sexes and whenever the male gender is used, it shall beconstrued to include both male and female employees, if applicable.

**ARTICLE 24**

**HEALTH AND SAFETY**

Section1

The Company will continue to make everyreasonable effort to provide safe and healthful conditions of work for allemployees and will continue to provide them with necessary protective equipmentin accordance with state and federal safety regulations.  Such equipment will include those specialsafety items of protective equipment and wearing apparel as specified by suchregulations or required by the Company. This equipment shall be provided without cost except that the Company maycharge an employee for the loss or willful destruction of said equipment bysuch employee.

Section2

Employees injured on the job will not suffer aloss of wages due to visits to the doctor or hospital for

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examination or treatmenton the day of injury.  Employees who arerequired to visit a doctor or hospital during working hours for examination ortreatment of an on-the-job injury after the day of the injury will be allowedreasonable time to do so.  Such time willnot be compensated beyond an aggregate of four (4) hours for additional visitsafter the date of injury.

Employees who cannot be scheduled by the Company’sclinic outside of working hours because of the limitations of the clinic, andemployees, who are required to see specialists during working hours for suchinjuries, may qualify for an extension of the four (4) hour limitation.  To qualify for additional time, the Companymust be notified by the clinic or specialist prior to the time of theexamination or treatment to see if they can arrange an appointment onnon-working hours and if not, the total aggregate time will be extended to amaximum of sixteen (16) hours.  Doctor orhospital visits for examination or treatment of an on-the-job injury after the dateof the injury will normally be scheduled outside of working hours.

Section3

The Company reserves the right to send, at anytime and at the Company’s expense, an employee to a recognized doctor, hospitalor medical clinic to have the employee examined or tested to insure that he isphysically, mentally or emotionally capable performing his job.  All employees agree as a condition ofcontinued employment to abide by this procedure and authorize any medicalfacility so used to release information obtained to the appropriate Companyrepresentative.

**ARTICLE 25**

**LEAVE OF ABSENCE**

Section1

Personal Leave - At the discretion of theCompany, leaves of absence may be granted for good personal reasons for aperiod not to exceed thirty (30) calendar days upon written application.  No employee shall receive more than thirty(30) calendar days total personal leave in any one (1) calendar year, exceptunder special circumstances.

Section2

Sick Leave (Industrial and/or Non-Industrial) -Upon written application to the Company, a sick leave of absence without paymay be granted to employees for a period of up to six (6) months provided suchapplication is accompanied by a certificate from a qualified physician.  Such leave may be extended up to anadditional six (6) months, at the option of the Company.

Section3

When on leave of absence, an employee maymaintain his existing health and welfare coverage at his own expense.

Section4

All leaves of absence must be requested andapproved on a form provided by the Company.

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Section 5

When leaves of absence are granted, a definitedate for returning to work shall be established.  Prior to returning to work from a leavelonger than thirty (30) days on a special consideration, the employee shallconfirm in writing his intentions to return and the date.  This confirmation shall be made at least two(2) weeks prior to the date of his return.

**ARTICLE 26**

**SUB-CONTRACTING**

When the Company reaches maximum capacity inequipment or manpower, the Company reserves the right to subcontract work,provided that no employee is placed on layoff as a result of suchsubcontracting.

**ARTICLE 27**

**VERBAL CONTRACTS**

It is agreed by the undersigned that no writtenor verbal contract will be made which will conflict with the terms of thisAgreement.

**ARTICLE 28**

**HEALTH AND WELFARE PLAN**

Section1

The Company shall provide for all eligibleemployees covered by this Agreement medical (Appendix B), prescription anddental (Appendix C), death benefits (Appendix D).

Section2

Health and welfare benefits for all employeescovered by this Agreement shall be as set forth in the Appendix B attachedhereto and made a part of this Agreement.

Section3

A regular employee of whom a monthly payment ismade for coverage under any of the Teamsters Health and Welfare Programs(Medical, prescription, dental and death benefit) shall be:

The initial payment for each new employee shallbe made on the first day of the month following the completion of thirty (30)days employment with the Employer.

Thereafter, and for all present employees, thepayment shall be made for each employee on the first day of each month that hecontinues in the employ of the Employer.

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Section 4

The eligible employee’s current cost forparticipation in the entire Plan will be $22.03 per week.  This amount will be paid by payroll deductionor direct payment.  Any future increasesin Plan costs during the term of this Agreement will be shared seventy percent(70%) by the Company and thirty percent (30%) by the employee.  The additional employee contribution requiredwill be added to the existing contribution. The Union will give the Company thirty (30) days written notification ofany cost changes in the Plan.

**ARTICLE 29**

**PRESCRIPTION AND DENTAL PLAN**

Prescription and Dental benefits for allemployees covered by this Agreement shall be as set forth in Appendix “C”attached hereto and made a part of this Agreement.

**ARTICLE 30**

**DEATH BENEFIT PLAN**

Death benefits for all employees covered by thisAgreement shall be as set forth in Appendix “D” attached hereto and made a partof this Agreement.

**ARTICLE 31**

**PAID VACATION**

Section1

Each employee shall receive one (1) week’svacation with pay after one (1) year of service with the Company and two (2)weeks vacation with pay after two (2) years of service with the Company, andthereafter paid vacations as follows:

After eight (8) years, three (3) weeks

After fifteen (15) years, four (4) weeks

Section2

Vacation pay for each week of vacation shall becomputed by multiplying the employee’s regular straight time hourly rate of payby forty (40) hours for each week of vacation or eight (8) hours for each dayof vacation.  Payment for accruedvacation will be made on the payroll period following the employee’sanniversary date.

Section3

Each employee shall be considered as having ayear’s continuous service and a year’s eligibility for vacation for eachcompleted year, starting from the date of his employment, in which he hasworked as least fourteen hundred (1400) hours for the Company.

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Section4

The Company will circulate a vacation schedulein the departments not later than February 1stof each year.  Effective February 1st,each employee named on each schedule will commence selecting his vacationperiods by plant seniority order from the available dates.  As each employee makes his selection, theCompany shall note such selection on the list prior to the next employee’smaking his selection from the remaining available dates.  Any employee who does not make his immediateselection in his proper turn will be bypassed, thereafter making his selectionfrom the vacation periods remaining at the time he informs his Supervisor he isprepared to make his selection.  A finallist shall be posted no later than March 1st.

After the posting of the vacation schedules eachyear, employees who have been assigned a vacation and wish to change it may doso by making such request in writing at least thirty (30) calendar days priorto the first day of the desired vacation period.  Such requests for a change in vacationperiods must be honored only if there is an open vacation slot during the timeperiod as described above.

Employees may use individual vacation days foraccomplishing necessary personal business in minimum increments of four (4)hours, provided Company approval is obtained prior to taking the time off.  Emergency situations, which arise foremployees, will be handled separately if the need arises in accordance withSection 10 of this Article.

Section5

If a recognized holiday occurs during the timean employee is absent on an earned vacation, he may absent himself for one moreday and he shall become entitled to an additional eight (8) hours of pay at hisstraight time rate, providing he qualifies in all other respects for suchholiday pay.

Section6

Any employee who terminates or is terminatedafter he has completed twelve (12) months or more of continuous service withthe Company since the date he was last employed, shall be granted one-twelfth(1/12) of one (1) week, two (2) weeks, etc. vacation pay, whichever applies,for each month of service since his last anniversary date in which month he hascompleted 120 straight time hours.

Section7

Those employees who terminate or have beenterminated and who have less than one (1) year’s service will not be eligiblefor any vacation payment.

Section8

Any employee laid off through reduction offorce, or any other reason beyond the employee’s control and re-employed withinsix (6) months, shall be considered as having been continuously employed for determininglength of continuous service completed.

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Section 9

The amount of taxes to be deducted from theemployee’s vacation and sick leave will be approximately at the same tax ratethat was taken from the regular pay check, had vacation and sick leave not beenpaid.

Section10

Employees who have not received any disciplinaryaction for absenteeism in the prior twelve (12) months may be excused (twice ina calendar year) for a day of vacation if the reporting off has been done in aproper manner and is for an otherwise excusable reason as reasonably determinedby the Company.

**ARTICLE 32**

**SICK PAY**

Section1

All employees covered by this Agreement who haveworked for the Company one (1) year shall commence to accumulate up to two (2)days sick leave pay at a rate of .0091 per hour worked or paid to a maximum ofsixteen (16) hours.

Section2

All employees covered by this Agreement who haveworked for the Company three (3) consecutive years shall commence to accumulateup to three (3) days sick leave pay at a rate of .0137 per hour worked or paidto a maximum of forty (40) hours.

Section3

All employees covered by this Agreement who haveworked for the Company four (4) consecutive years shall commence to accumulateup to four (4) days sick leave pay at a rate of .0183 per hour worked or paidto a maximum of thirty-two (32) hours.

Section4

All employees covered by this Agreement who haveworked for the Company five (5) consecutive years shall commence to accumulateup to five (5) days sick leave pay at a rate of .0235 per hour worked or paidto a maximum of forty (40) hours.

Section5

Sick leave pay will accrued in equal monthlyincrements throughout the year and may be taken faster than accumulated, not toexceed the maximum allowable per the above applicable.

Section6

The unused portion of sick leave will be paidoff at the employee’s anniversary date of employment.  Any amount paid during the year but notearned will be deducted from the employee’s anniversary payoff.

Section7

The following will apply to the payment and useof sick leave at the time of an employee’s anniversary payoff:

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All of the remaining workdays of the particular week in which an employee’s anniversary date occurs willnot qualify for sick pay treatment unless the employee notifies the Supervisorthat the absence was to be a paid sick day. The payment of sick pay and a deduction of an absence point will then bedone the following week for any eligible employee.

Section8

Any employee who terminates or is terminated whohas taken more sick leaves than has been accrued at the time of termination,will have the difference deducted from his final check or any monies owed tothe individual by the Company.

Section9

Any employee laid off through reduction of forceand re-employed within six (6) months shall be considered as having beencontinuously employed for purposes of determining consecutive years of service.

Section10

If accrued, sick pay may be taken in less thaneight (8) but not less than four (4) hour increments upon employee’s request forpayment.

**ARTICLE 33**

**HOLIDAY PAY**

Section1

The Company will recognize the holidays asfollows:

Memorial Day

Fourth of July

Labor Day

Thanksgiving Day

Friday after Thanksgiving

Day before or day after Christmas Day

Christmas Day

Day before or day after New Year’s Day

New Year’s Day

Section2

Any employee who has been on the payroll of the Company for a period ofsixty (60) days or more prior to a recognized holiday or holidays and hasworked their last scheduled working day prior to the holiday or holidays, andtheir next scheduled day of work after the holiday or holidays, shall receiveeight (8) hours holiday pay for such holiday or each holiday based on theirregular straight time hourly rate of pay. An employee who is excused to be late (less than two-and-one-half (2 1¤2)hours in reporting to work on the last scheduled working day prior to theholiday or the next scheduled working day after the holiday will not beineligible for the holiday pay because he was late.  Any employee excused writing by the Company,for exceeding the lateness limit specified above on the last scheduled work dayprior to the holiday or the next scheduled work day after the holiday will notbe ineligible for holiday pay because of his failure to work or be late on suchdays, as he was excused in writing. Where a recognized holiday falls on Saturday or Sunday, it will becelebrated on Friday or Monday.

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Section 3

An employee absent for a period not to exceedfive (5) weeks for vacation, industrial accident, lay off or absence forillness (which is substantiated with doctor’s verification), shall qualify forholiday pay if the holiday falls within that period.

Section4

The employee’s birthday and employee’sanniversary date are recognized holidays.

a)  An employee must havecompleted one (1) year of service with the Company to be eligible.

b)  The holiday may be observedon some other day within a following twelve (12) month period with jointagreement between the employee and his supervisor.  Request for a particular date should be madein writing at least one (1) week prior to the selected day.

c)  If the holiday may beobserved and scheduling such would result in interference with efficientoperations, recognition shall be given to time of request and seniority inscheduling off those employees requesting the day.

**ARTICLE 34**

**FUNERAL LEAVE**

Section1

In the event of a death in the immediate familyof an employee who has ninety (90) days of seniority, he shall, upon request,be granted three (3) consecutive regularly scheduled working days off with payto attend the funeral.

Section2

This provision does not apply if the deathoccurs during the employee’s paid vacation or while the employee is on leave ofabsence, layoff or on sick leave.

Section3

For the purposes of this provision the immediatefamily shall be restricted to spouse, mother, father, sister, brother,children, grandparents, mother-in-law or father-in-law.

Section4

An employee will be granted one (1) day off withpay to attend the funeral for the grandparents of their spouse.

Section5

Proof of relationship to the deceased, death andattendance at the funeral will normally be required to qualify for funeral pay.

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**ARTICLE 35**

**HOURLY EMPLOYEE RETIREMENTSAVINGS PLAN**

Section1

Effective December 1, 1977, and under governmentregulations, a contributory retirement savings plan will be established.  Full time employees upon completion of oneyear of service with the Company will become eligible to join.  The Company and eligible participants willcontribute a specified amount for each hour worked.  The funds will be placed into a RetirementTrust Account and be managed by an independent trustee.  Company contributions remain in the trustfund and cannot return to the Company under any circumstances.  Provisions are made for withdrawal of all orpart of each participant’s contribution, temporary suspension of participationand sharing of Company contribution and fund earnings, all in accordance withgovernment regulations.

Section2

The amount of the Company contribution for the 1st year of this Contract will be $0.47 cents perhour worked.  This amount will increaseto $.48 cents per hour worked in the second year and $.50 cents per hour workedin the third year.

Section3

The amount of the minimum participant’scontribution for the term of the Contract will be fifteen cents ($.15) per hourfor each hour worked.

Section4

Each participant will have the option tocontribute the minimum participant’s contribution as specified above or anamount equal to four times the Company contribution though not to exceed 10% ofthe participant’s hourly rate in five cents ($.05) per hour increments.

A participant may elect to have his contributionraised from the minimum yearly rate to the maximum rate at any time during theyear.  A participant contributing themaximum may reduce his contribution back to the minimum at any time.

Regardless of which option the participantselects, the Company’s contribution will only be the amount specified above.

**ARTICLE 36**

**RESPONSIBILITY FOR EMPLOYEEADDRESS**

It shall be the responsibility of employees tonotify the Company personnel office in writing of their current address andtelephone number and any change thereof. The Company shall be considered as having complied with any noticerequirement if such notice is sent to the employee’s last address on record.

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**ARTICLE 37**

**INVENTORY**

The Company reserves the right to scheduleinventories at anytime and select those bargaining and non-bargaining unitemployees the Company feels best qualified to perform the duties involved.  The rate of pay for taking physicalinventories will be the regular rate of the employee.

**ARTICLE 38**

**LABOR MANAGEMENT COMMITTEE**

There shall be in the plant a Labor ManagementCommittee consisting of not more than four (4) members representing the Companyand not more than four (4) members representing the Union.  The Committee shall endeavor to maintainharmonious relations, efficient shop discipline, safety and maximum production.

a)  TheCompany and the Labor Committee will meet monthly when necessary to discussconditions or problems relating to this Agreement.

b)  Thefour employees representing the Union shall not be all from any one department.

c)  TheLabor Committee members attending the above meeting shall attend the meetingwithout loss of wages not to exceed two (2) hours per month.

**ARTICLE 39**

**WAIVER**

The waiver of any breach of condition of thisAgreement by either party shall not constitute a precedent for any furtherwaiver of any such breach or condition.

**ARTICLE 40**

**SOLE AND ENTIRE AGREEMENT**

This Agreement concludes all collectivebargaining between the parties hereto and supersedes all prior agreements andundertakings, oral or written, express or implied, or practices, between theCompany and the Union or its employees, and expresses all obligations andrestrictions imposed on each of the respective parties during its term.

**ARTICLE 41**

**DURATION OF AGREEMENT**

THIS AGREEMENT shall remain in full force andeffect until December 8, 2007, and shall continue from year to year thereafterunless either party notifies the other of a desire to amend, modify orterminate, in which event notice shall be given in writing at least sixty (60)days, but not more than seventy-five (75) days prior to the expiration datethereof.  In the event of a notice ofintention to terminate, modify or amend, negotiations shall begin withinfifteen (15) days after the delivery of such notice.

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IN WITNESS THEREOF, theparties hereto have executed this Agreement the day and year first abovewritten.
| UNION:                         | EMPLOYER:                          |   |
|--------------------------------|------------------------------------|--------|
| Miscellaneous  Warehousemen,   | United States Aluminum Corporation |   |
| Drivers and  Helpers Union,    |                               |   |
| Local 986, an  affiliate of    |                               |   |
| the  International Brotherhood |                               |   |
| of Teamsters                   |                               |   |
|                           |                               |   |
|                           |                               |   |
| BY                             | /s/ [ILLEGIBLE]                    |   | BY | /s/ [ILLEGIBLE] |   |
|                           |                               |   |   |
| BY                             | /s/ [ILLEGIBLE]                    |   | BY | /s/ [ILLEGIBLE] |   |
|                           |                               |   |   |
| BY                             | /s/ [ILLEGIBLE]                    |   | BY | /s/ [ILLEGIBLE] |   |
|                           |                               |   |   |
| BY                             | /s/ [ILLEGIBLE]                    |   |   |   |
|                           |                               |   |   |
| BY                             | /s/ [ILLEGIBLE]                    |   |   |   |
|                           |                               |   |   |
| BY                             | /s/ [ILLEGIBLE]                    |   |   |   |
|                           |                               |   |   |
| BY                             | /s/ [ILLEGIBLE]                    |   |   |   |
|                                |                                    |        |  |  |  |  |

 

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**APPENDIX “A”**

**JOB CLASSIFICATIONS**
| **Effective:**                                                                     | ** ** | **12/05/04** | ** ** | **12/04/05** | ** ** | **12/03/06** | ** ** |
|------------------------------------------------------------------------------------|------------|--------------|------------|--------------|------------|--------------|------------|
| ** **                                                                         |       |         |       |         |       |         |       |
| **GRADE  XX**                                                                      |       | $            | 14.29      |         | $          | 14.69        |       | $ | 15.09 |   |
| 90-Maintenance  Mechanic ‘A’                                             |       |         |       |         |       |         |       |
| 98-Journeyman  Layout Fabricator ‘A’ (after 2 yrs. as Layout Fabricator) |       |         |       |         |       |         |       |
| ** **                                                                         |       |         |       |         |       |         |       |
| **GRADE  #1**                                                                      |       | $            | 13.50      |         | $          | 13.90        |       | $ | 14.30 |   |
| 91-Journeyman  Layout Fabricator ‘B’                                     |       |         |       |         |       |         |       |
| 88-Fabricator #1                                                                   |       |         |       |         |       |         |       |
| 78-Stock Room  Clerk                                                               |       |         |       |         |       |         |       |
| 74-Sidewinder  Operator (after 3 years Sidewinder ‘B’)                   |       |         |       |         |       |         |       |
| 76-Warehouseman  ‘A’ (3 years as Warehouseman ‘B’)             |       |         |       |         |       |         |       |
| 53-Fill and  Debridge Machine Operator                                             |       |         |       |         |       |         |       |
| N1-Pre-Test Tank  Operator                                                         |       |         |       |         |       |         |       |
| N2-Paint Mixer                                                                     |       |         |       |         |       |         |       |
| N3-Painter                                                                         |       |         |       |         |       |         |       |
| ** **                                                                         |       |         |       |         |       |         |       |
| **GRADE  #2**                                                                      |       | $            | 11.74      |         | $          | 12.14        |       | $ | 12.54 |   |
| 99-Quality  Control Inspector                                                      |       |         |       |         |       |         |       |
| 75-Warehouseman  ‘B’/Sidewinder Operator                                 |       |         |       |         |       |         |       |
| 73-Maintenance  Mechanic ‘B’                                             |       |         |       |         |       |         |       |
| 69-Stock Room  Assistant                                                           |       |         |       |         |       |         |       |
| 67-Fabricator #2                                                                   |       |         |       |         |       |         |       |
| 66-Welder                                                                          |       |         |       |         |       |         |       |
| N4-Bell Operator                                                                   |       |         |       |         |       |         |       |
| ** **                                                                         |       |         |       |         |       |         |       |
| **GRADE  #3**                                                                      |       | $            | 10.39      |         | $          | 10.79        |       | $ | 11.19 |   |
| 56-Fabricator #3                                                                   |       |         |       |         |       |         |       |
| 38-Shipper                                                                         |       |         |       |         |       |         |       |
| 22-Material  Handler                                                               |       |         |       |         |       |         |       |
| 17-Small  Parts/Custom Hardware/Saw Operator                                       |       |         |       |         |       |         |       |
| 51-Door Stop Saw  Operator                                                         |       |         |       |         |       |         |       |
| N5-Loader                                                                          |       |         |       |         |       |         |       |
| ** **                                                                         |       |         |       |         |       |         |       |
| **GRADE  #4**                                                                      |       | $            | 9.34       |         | $          | 9.74         |       | $ | 10.14 |   |
| 11-Sub-Assembler                                                                   |       |         |       |         |       |         |       |
| 11-Standard NS  Door Assembler                                                     |       |         |       |         |       |         |       |
| 11-Small  Parts/Stock Hardware                                                     |       |         |       |         |       |         |       |
| 11-General  Helper                                                                 |       |         |       |         |       |         |       |
| 11-Packer                                                                          |       |         |       |         |       |         |       |
| 11-Custodial and  Clean-up                                                         |       |         |       |         |       |         |       |
| 11-Pick-up Truck Driver                                                            |       |         |       |         |       |         |       |

 

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#9-XX Leadperson: To receive a rate ofsixty-five cents ($.65) per hour over the rate of the highest classificationsupervised or the Grade #1 level, whichever is highest.

Individuals may be hired at a minimum hiringrate of six dollars and seventy-five cents ($6.75) per hour.

On the first Monday in each month, following thecompletion of their first thirty (30) days of employment, they shall receive aminimum of fifteen cents ($.15) per hour increase and thereafter every firstMonday of the following month shall be raised a minimum fifteen cents ($.15)per hour until they reach the rate of pay for their position as listed inAppendix A.  The cents per hour statedherein are to be considered the minimum payable in the prescribed time frames.

Progressionary movement in classification gradesshall be at the rate of fifteen cents ($.15) per hour and paid in the samemanner as above.

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**General wage increase:**

The increases for theterm of the contract will be granted in accordance with the following scheduleand rules in each of the three (3) years.

# First Year                           EffectiveDecember 5, 2004 all active employees will receive $0.45 cents per hourincrease to their regular, straight time hourly rate and contract job classificationrates increase $0.45

# Second Year                      Effective December 4, 2005 the contract ratesfor job classifications will Increase $0.40/hour.

Increases will begranted to employee based upon the amount the employee is red circled and overtheir job grade as follows:
| Amount the employee’s  straight time hourly  rate of pay is over  their job grade | ** ** | **Amount of increase  to be added to the  employee’s straight  time hourly rate** | ** ** |
|----------------------------------------------------------------------------------------|------------|----------------------------------------------------------------------------------------|------------|
| $0.00 to $0.50                                                                         |       | $                                                                                      | 0.39 cents |   |
| $0.51 to $1.00                                                                         |       | $                                                                                      | 0.38 cents |   |
| $1.01 to $1.50                                                                         |       | $                                                                                      | 0.37 cents |   |
| $1.51 to $2.00                                                                         |       | $                                                                                      | 0.36 cents |   |
| $2.01 and above                                                                        |       | $                                                                                      | 0.35 cents |   |

 

Third Year                         EffectiveDecember 3, 2006 contract rates for job classifications will increase$0.40/hour.

Increases willbe granted based upon the amount the employee is red circled and over their jobgrade as follows:

| Amount the employee’s  straight time hourly  rate of pay is over  their job grade | ** ** | **Amount of increase  to be added to the  employee’s straight  time hourly rate** | ** ** |
|----------------------------------------------------------------------------------------|------------|----------------------------------------------------------------------------------------|------------|
| $0.00 to $0.50                                                                         |       | $                                                                                      | 0.39 cents |   |
| $0.51 to $1.00                                                                         |       | $                                                                                      | 0.38 cents |   |
| $1.01 to $1.50                                                                         |       | $                                                                                      | 0.37 cents |   |
| $1.51 to $2.00                                                                         |       | $                                                                                      | 0.36 cents |   |
| $2.01 and above                                                                        |       | $                                                                                      | 0.35 cents |   |

 

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**APPENDIX “B”**

**HEALTH AND WELFARE PLAN**

The parties hereto agree that the Company shall,for the term of this Agreement, become a participant in a Trust Fund designatedas the TEAMSTERS MISCELLANEOUS SECURITY FUND for the purpose of providing forthe benefit of employees and their dependents, payments for any or all of thefollowing:  Accident and certain Medicaland Hospital Expenses.  Said Trust Fundis administered by a Board of Trustees on which employees and employers areequally represented.   The partiesfurther agree to be bound by all of the terms and provisions of the “Agreementand Declaration of Trust Providing for Teamsters Miscellaneous Security Fund”originally established October 8, 1959.

Subject to change in the amount of payment ashereinafter provided, effective with the month of  October 1, 2004 the Employer shall pay intosuch trust fund the sum of $513.00 for each regular employee covered by thisAgreement.  Such payments shall be usedfor the purpose of providing a multiple choice hospital and medical plan foremployees and their dependents and specifically designated as *TEAMSTERS MISCELLANEOUS PLAN “D”.*  Such payments shall be due on the first dayof the calendar month and shall be paid not later than the tenth (10TH) day ofsame month.

The parties hereto recognize that because ofcircumstances beyond their control, premiums for such plans as are provided hereinmay change from time to time; and inasmuch as it is the intention of theparties that the benefits provided the employees and their dependents shall bemaintained throughout the term of this Agreement, it is agreed that the amountof the monthly payment shall for the term of this Agreement be an amountdetermined by the Board of Trustees to be necessary to maintain the *TEAMSTERS MISCELLANEOUS PLAN ‘D”.*

A regular employee with respect to whom suchmonthly payments are required to be made shall mean:

a.  Anyemployee who is hired as a regular, full-time employee and who is on thepayroll on the first (1st) day of the month and who has completedat least thirty (30) calendar days of continuous employment.

b.  Anyemployee on the payroll who had been employed and covered by this welfare planby any employer within thirty (30) days of his date of employment.

For all purposes of this section of theAgreement, employees on temporary layoff of less than a calendar month shall bedeemed to be “on the payroll” during such period of layoff.

**DAMAGES FOR DELINQUENCIES**

All contributions shall be due on the first dayof the calendar month following the payroll month in which the employeeworked.  Any contributions which arereceived by the Trust later than the twentieth day of the calendar monthfollowing the payroll month, in which the employee worked, shall be considereddelinquent.  The parties recognize andacknowledge that the regular and prompt payment of Employer contributions tothe Fund is essential to the maintenance of the Fund, and that it would beextremely difficult, if not impracticable, to fix the actual expense and damageto the Fund which would result from the failure of the Employer to pay hiscontributions in full within the time period provided.  Therefore, the amount of the damage to theFund resulting from any such failure shall be presumed to be the sum oftwenty-five dollars ($25.00) or twenty percent (20%) of the indebtedness,whichever is greater, which is an approximation of the cost of processing adelinquency.  This amount shall becomedue and payable to the Fund by the Employer as liquidated damages and not as apenalty immediately following the date the contributions became delinquent andshall be in addition to the required contribution, and any other

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charges and interestprovided for in any Contribution Agreement.

**APPENDIX “C”**

**PRESCRIPTION and DENTAL**

The parties hereto agree, for the term of thisCollective Bargaining Agreement, to be bound by the terms and conditions of the*Joint Council of Teamsters No. 42 Welfare TrustFund*for the purpose of providing the benefits hereinafter specifiedto regular full time employees and their eligible dependents.

For the purpose of this Article, a regular fulltime employee is defined as an employee who is hired as a regular, full timeemployee and who is on the payroll on the first (1st) day of the month and who has completedat least ninety (90) calendar days of continuous employment.  Continuity of service shall not beinterrupted by an absence of less than one full calendar month.

The Employer shall make contributions to theTrust Fund in the following amounts monthly for the following benefits:
| EFFECTIVE DATE                    | ** ** | **AMOUNT** | ** ** |
|----------------------------------------|------------|------------|------------|
| *Dental and Prescription Plan 12-1-04* | * *   | *$*        | *110.25*   | * * |
|                                        |            |            |            |  |

 

The Trustees are authorized and directed toestablish reserves under this program based on long term actuarialdeterminations and are further authorized and directed to invest such reservefunds with necessary professional advice.

After such reserves are established shouldEmployer contributions and excess reserves be insufficient to maintain thelevels of benefits described in Paragraph 3 above, as such benefits exist atthe time of execution of the Agreement, Employer contributions shall beincreased in an amount as the Trustees may decide reasonable and necessary tomaintain the level of each such benefit;

The parties agree to be bound by all of the terms and provisions of theagreements and declarations of trust establishing the foregoing Trust Funds, asamended, or as may be amended, and any rules and regulations adopted by theTrustee hereunder.

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**DAMAGE FOR DELINQUENCIES**

All contributions shall be due on the first dayof the calendar month following the payroll moth in which the employeeworked.  Any contributions which arereceived by the Trust later than the twentieth day of the calendar month followingthe payroll month, in which the employee worked, shall be considereddelinquent.  The parties recognize andacknowledge that the regular and prompt payment of Employer contributions tothe Fund is essential to the maintenance of the Fund, and that it would beextremely difficult, if not impracticable, to fix the actual expense and damageto the Fund which would result from the failure of the Employer to pay hiscontributions in full within the time period provided.  Therefore, the amount of the damage to theFund resulting from any such failure shall be presumed to be the sum oftwenty-five dollars ($25.00) or twenty percent (20%) of the indebtedness,whichever is greater, which is an approximation of the cost of processing adelinquency.  This amount shall becomedue and payable to the Fund by the Employer as liquidated damages and not as apenalty immediately following the date the contributions became delinquent andshall be in addition to the required contribution, and any other charges andinterest provided for in any contribution agreement.

**APENDIX “D”**

**DEATH BENEFIT PLAN**

Effective with the month December, 2004, theCompany agrees to contribute $5.70 per month to the Teamster Death BenefitTrust Fund on behalf of each employee covered by this Agreement in accordancewith the following:

The initial payment for each new employee shallbe made on the first day of the month following the completion of thirty (30)day’s employment, with the Company.

Thereafter, and for all present employees, thepayment shall be made for each employee on the first day of each month that hecontinues in the employ of the Company. For the purpose of this Plan, continuity of service shall not beinterrupted by absence of less than one (1) full calendar month.

The parties hereto agree to accept and executesuch “Acceptance of Trust Documents” as may be required for participation inthe Trust and such payments shall be made in accordance with the provisionsestablished by the Joint Board of Trustees.

The parties hereto recognize that because ofcircumstances beyond their control, premium for such plans as are providedherein may change from time to time’ and inasmuch as it is the intention of theparties that the benefits provided for employees and their dependents shall beTrustees to be necessary to maintain the Plan.

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**APENDIX “E”**

**JOB DESCRIPTIONS**

**FABRICATOR #1**

Fabricates and assembles metal articles.  Must be able to layout the job from shopdrawings, specifications, hardware templates, and/or patterns.  Operates router, saws, fabrication machines,and other tools as required.  Must beable to make own set-ups, perform all fabrication and assemble parts.  Must have a complete understanding of the functionaloperation of items to determine the workability of the assembled parts and thefinal installation.  Duties relate mainlyto the layout and installation of custom hardware.  Examples of this work are; Von Duprinconcealed panic devices, multi-muntin doors; and fabrication of all complexframing systems for special jobs.  Aidsother employees of a lower classification in the performance of theirduties.  May perform other duties of acomparable skill level.

**FABRICATOR #2**

Fabricates and assembles metal articles.  Must be able to work from shop drawings,sales orders and written instructions. Uses had tools, power operated tools, routers, fabrication equipment,jigs, templates, and fixtures as required. Must be able to make basic set-ups. Examples of this work include special height and/or width doors (NS, MSand WS), doors flush panels with cut-outs or custom hardware; frames withelectric strikes, sidelites and offset headers. Aids other employees of a lower classification in the performance oftheir duties.  May perform other work ofa comparable skill level.

**FABRICATOR #3**

Fabricates and assembles metal articles.  Fabricates standard MS and WS doors, specialwidth and butt hung frames and non-complex special size frames of alltypes.  Operates all tools as requiredfor these units.  Aids other employees ofa lower classification in the performance of their duties.  May perform other duties of a comparableskill level.

**CLASSIFICATION #4**

Assembles standard NS doors (singles andpairs).  Performs all sub-assemblyoperations (for example installing locks, 3-point locks, exit indicators,cylinder guards and corner blocks for all door types).  Fabricates standard (center hung) framesusing punch or hydraulic tooling and fabrication machines.  Operates all tools as required for theseunits.  May perform other duties of acomparable skill level.

**SHIPPER/SIDEWINDER OPERATOR #2**

Must have knowledge of all sock length material,be able to work from written orders, operation of tow motor, sidewinder, palletjacks and crane, pulling of material. Loading in the shipping department must be able to work with bill oflading.  Some standard knowledge of doorsframes and hardware for purposes of assisting customers with will callduties.  General knowledge of shipping paperwork.  Aids other employees of a lowerclassification in the performance of their duties.  May perform other duties of a comparableskill level.

**MATERIAL HANDLER #3**

Must have knowledge of all stock lengthmaterial, be able to work from written orders, operation of tow motor, palletjacks and crane, pulling of material and loading of trucks, must be able towork with bill of

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lading, and a generalknowledge of shipping and/or receiving paper work.  Aids other employees of a lowerclassification in the performance of their duties.  May perform other duties of a comparableskill level.

**LEADMAN**

The duties of a Leadperson will encompass,though not be limited to, the scheduling and assignment of work, training andhelp employees in the performance of their work, assuring proper application ofmethods and equipment, quality and quantity of work performed.  As required, performs work, which is deemednecessary to assure the smooth flow of goods through his department.  The Leadperson is not to issue any reprimandsto his fellow employees in accordance with the Rules and Regulations.  However, he should work with his supervisorand employees in the initial stages of discipline by informally advisingemployees of rule violations.

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